Commentary

21 Equitable aid for defective execution

POWERS OF APPOINTMENT vol 33
| Commentary

21 Equitable aid for defective execution

| Commentary

21 Equitable aid for defective execution

Equity will, in certain cases, aid the defective execution of a power1. Equity only relieves against defects which are not of the essence of the power2, and relief will not be granted so as to defeat anything material to the intention of the donor of the power3. Unless and until equity intervenes the execution of the power remains defective4. No aid will be given to a purported appointment which is exercised out of time5, nor to an appointment which would constitute a fraud on the power6.

The basic principle is that where the appointor shows

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